Allen's trial is on, comments out

A judge says statements by Rep. Bob Allen are inadmissible because he was not read his rights.

August 28, 2007|By Laurin Sellers, Sentinel Staff Writer

TITUSVILLE -- State Rep. Bob Allen won a small victory in court Monday when prosecutors agreed not to use controversial comments he made after his arrest on charges of soliciting prostitution because police didn't read him his rights.

But Assistant State Attorney Pat Whitaker said there still is enough evidence to convict Allen. And, even if the lawmaker is acquitted, some said the statements would haunt him for a long time, possibly ending his political career.

"They will still have an impact on public opinion," said T. Wayne Bailey, a political-science professor at Stetson University in DeLand.

Allen, R-Merritt Island, is accused of agreeing to pay $20 to perform oral sex on an undercover police officer July 11 in a public-park restroom.

In the taped statement that was tossed out Monday, Allen said he was just playing along because he was intimidated by the undercover officer, who he described as a "stocky black guy," and that he thought he was going to be robbed.

The comments prompted outrage among civil-rights groups and calls for his resignation. Since then, House Speaker Marco Rubio stripped Allen of his legislative committee appointments, saying he could "no longer effectively serve the people" of his district.

"Normally, what a person would do is take himself out of public office to address the personal turmoil that has to be part of his daily living now," Bailey said.

However, Allen has repeatedly stated that he has no plans to step down and has indicated he still plans to run for a state Senate seat.

During Monday's hearing, Brevard County Judge Oscar Hotusing refused to drop the charges against the veteran legislator, saying a jury should decide the case.

Hotusing said he would rule later on whether to allow the jury to hear two other statements Allen allegedly gave to police.

When Allen was being placed in a marked patrol car after his arrest outside Veteran's Memorial Park, he asked whether it "would help" if he was a state legislator, according to a police report.

The officer said he replied, "No."

Police also said Allen indicated he had $800 in his car.

Allen's attorney, Greg Eisenmenger, said both remarks should be suppressed because Allen had not been read his Miranda rights by the arresting officer.

But Whitaker argued they were made voluntarily and should be admissible.

Titusville police Chief Tony Bollinger could not be reached for comment regarding the questioning of Allen.

Eisenmenger, who argued during the hearing that the officer was the only one who mentioned sex and money, said he was disappointed the case had not been dismissed, but was prepared to go to trial Sept. 19.

"When you have an innocent client, you don't want to drag it out," he said.